The Cassidy Law Firm Blog

Wednesday, October 2, 2019

Who Is Liable for a Construction Site Accident?

Construction work is inherently dangerous. There is heavy machinery. There is work at great heights. There are hazardous substances. Even under the best of circumstances, working around all of these things runs the risk of injury. When there are unsafe conditions, such as when proper safety gear is not used, machines are not properly inspected for safe operation, or other safety measures are not observed, construction site workers are put directly in harm's way and the results can be tragic. If you are injured on a construction site, someone else may be liable for paying for your injuries and losses. Who may be liable for your damages, however, can be a complicated question with multiple answers.

Liability for a Construction Site Accident

To look for potentially liable parties who can be held responsible for causing your injuries, there are several questions that will need to be investigated. These questions include:

  • Where did the accident happen?
  • What were the circumstances and conditions surrounding the accident and the accident site?
  • Was there equipment involved? If so, what and was it being operated properly?
  • Who was overseeing the site at the time of the accident?
  • Who was overseeing equipment use at the time of the accident?
  • Who is your employer?

Depending on the answer to the above questions, you may be able to seek compensation above and beyond worker’s compensation from parties other than your employer. This refers to third party liability. Whoever is directly responsible for an oversight or negligent action that led to the accident resulting in injury could be held liable. As a general rule in these situations, the more responsible a party was for things such as the daily operation of the site, the greater the potential for that person to bear liability for accident injuries. Other parties that made be assigned third party liability are:

  • Contractors: Contractors have a duty to maintain a reasonably safe workspace. This means working to ensure work is being performed safely and relevant safety regulations are being observed.
  • Subcontractors: A subcontractor could be held responsible for failure to maintain safe conditions for employees hired to help them with the specific work they were subcontracted to perform.
  • Engineers and Architects: Architects and engineers may be held liable for injuries suffered as a result of a failure to meet safety standards required in the design or construction phases of a site project.
  • Equipment manufacturers: Equipment defects can easily lead to injury even if the equipment is being properly used by a construction site worker. This potentially exposes the equipment manufacturer to liability.
  • Construction site owners: If the site owner has retained a significant amount of control over the construction site property, he or she may be responsible for injury caused by a hazardous condition on the property that the site owner should have known about.

There is also the possibility that multiple parties are found liable. Different parties may have contributed to causing the accident that resulted in injuries.

Construction Site Injury Attorney

If you have been injured on a construction site, the question as to who is liable can be complicated. The Cassidy Law Firm is here to help make sure the liable parties are held responsible for the damage they have caused. Contact us today.

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